228 So. 3d 963
Miss. Ct. App.2017Background
- Whatley pled guilty in 2010 to selling Dilaudid as a subsequent drug offender and was sentenced to 60 years in MDOC custody with a sentencing order stating release to five years of post-release supervision after serving 20 years.
- The enhanced sentence was imposed under Mississippi’s controlled-substances statutes for subsequent offenders.
- Whatley filed a 2011 post-conviction relief (PCR) motion; the circuit court denied it and this Court affirmed.
- In 2016 Whatley filed a successive PCR seeking a declaration that 2014 parole-law amendments made him eligible for parole and asking MDOC to classify him and set a parole-eligibility date.
- The circuit court dismissed the successive motion as procedurally barred and meritless; Whatley appealed. The Court of Appeals affirmed, holding he remains ineligible for parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Whatley is eligible for parole under the post-2014 parole-law changes | Whatley argued the 2014 amendments expanded parole eligibility to include him and MDOC should classify him eligible and set a parole date | State (and statutory text) argued the 2014 changes apply prospectively and do not render persons convicted of enhanced-penalty felonies between 1995 and 2014 eligible | Court held Whatley is not eligible for parole because convictions as subsequent drug offenders are "felonies with enhanced penalties" under §47-7-3(1)(f), so the 2014 amendments do not apply to him |
Key Cases Cited
- Whatley v. State, 123 So. 3d 461 (Miss. Ct. App. 2013) (prior appeal affirming denial of PCR)
- Lackaye v. State, 166 So. 3d 560 (Miss. Ct. App. 2015) (holding subsequent-drug-offender conviction is an enhanced-penalty felony)
- Ferrell v. State, 158 So. 3d 1204 (Miss. Ct. App. 2015) (same conclusion on enhanced-penalty status)
- Fluker v. State, 200 So. 3d 1148 (Miss. Ct. App. 2016) (prospective expansion of parole eligibility is constitutionally permissible)
- Sinko v. State, 192 So. 3d 1069 (Miss. Ct. App. 2016) (PCR is appropriate vehicle to challenge MDOC parole-eligibility determinations)
- Keys v. State, 67 So. 3d 758 (Miss. 2011) (same)